We have rather brash vendors who has recommended a preliminary contract with a non-refundable deposit 6,000. Is it wise to enter into such agreements?
This type of contract is not the norm in Chelsfield, conveyancers are not keen on them as they divert attention from the main conveyancing focus and if you end up having your deposit forfeited then the lawyer at best left with an upset client and at worst a litigious one. Furthermore, there is no guarantee that just because the seller has entered into an exclusivity agreement they will complete the sale with you. They may be inclined to break the contract if they are offered sufficient incentive to do so because an aggrieved claimant with the benefit of a lockoutcontract will still have to establish consequential losses from the breach and these may not compare to the financial benefit that your seller may gain by reneging on the agreement, no matter how morally condemnable the behaviour is.
My uncle passed away last year and as sole heir and executor I was left the house in Chelsfield. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this possible?
If you intend to refinance then RBS will require that you use a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.
Have completed on a a semi-detached house in Chelsfield , What is the estimated time for the Land Registry to deal with the formalities evidencing the transfer to my name? My Chelsfield conveyancing solicitor has been very slow, so I want to be certain the registration is dealt with.
There is nothing unique about conveyancing in Chelsfield registration formalities. As opposed to being determined by geographic area, timeframes can adjust according to the party submitting the application, whether it is in order and if the Land registry need to notify any interested parties. As of today roughly 80% of submission are fully dealt with in less than three weeks but occasionally there can be protracted hold-ups. Registration is effected once the buyer has moved in to the premises therefore 'speed' is not typically primary concern but if there is a degree of urgency associated with the registration then you or your conveyancer should communicate with the Registry to express the reasoning for the application to be prioritised.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Chelsfield is where the house is located. Is there any advice you can give?
Flying freeholds in Chelsfield are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Chelsfield you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Chelsfield may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Taking into account that I will soon part with hundreds of thousands of pounds on a two bedroom apartment in Chelsfield I would like to have a conversation with the solicitor regarding thehouse move before giving the go ahead to the firm. Is this something that you can arrange?
Absolutely - it is our preference to talk to you we do not take any clients on without you speaking to the solicitor due to be doing your conveyancing in Chelsfield.There is no ‘factory style conveyancing’ - each client is an important person, not a file reference. The solicitors that we put you in touch with believe that the fees you are calculated and presented to you for your conveyancing in Chelsfield should be the amount on the final invoice that you end up paying.
I have just started marketing my 2 bed flat in Chelsfield. Conveyancing is yet to be initiated, but I have just had a yearly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear the invoice as normal as all ground rent and service payments will be allotted on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Chelsfield conveyancing firm to help?
if there is a absentee landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to assess the sum to be paid.
An example of a Lease Extension case for a Chelsfield property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The unexpired residue of the current lease was 50.57 years.